United States DC Circuit

A ruling that foreign tax credit for taxes paid on appellant's behalf in Brazil must be reduced by the amount of an indirect subsidy appellant received from the Brazilian government is affirmed over claim that the Brazilian government cannot give its Central Bank a subsidy because the two are, for tax purposes, one and the same. Under the facts of this case, it is proper to treat the Central Bank as separate from the Brazilian government and deem the bank "another person" within the meaning of the subsidy regulation.

Appellate Information

• Argued 12/14/2006
• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before:  ROGERS, BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas C. Durham argued the cause for appellant.   With him on the briefs were Joel V. Williamson and Russell R. Young.


• For Appellees:
  
• Frank P. Cihlar, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief was Bridget M. Rowan, Attorney.